This is a great discussion on the Fair Use issue. I feel that internet users are still a bit fuzzy on this issue. When using copyright work, I always refer to the source from where it came in my writings. I hope that we as a society, which have gotten worse in integrity, start respecting the rights of the person who created a work which has copyright.  It is theft to take another person's creation without respecting its copyright.
 
Sincerely,
Christi Pemberton
 
----- Original Message -----
From: Terry Peeler
Sent: Wednesday, March 12, 2003 10:31 AM
To: [log in to unmask]
Subject: Re: Fair Use
 
Greetings All,
    As an attorney, who by the way doesn't mind getting paid for doing work, I will weigh in on this topic as I deal with it quite a bit in my practice.  Fair use does not give the user, even a fair one, carte blanche.  What is critical to a determination is the criteria Roy Hemmat shared providing a link to section 107 of Chapter 17 of the US Code.  The most important part of that section for our purposes is

        "3)  the amount and substantiality of the portion used in relation to the copyrighted work as a whole..."

    It is fair use to properly quote from a source, that would be taking a portion.  However, when an entire article is copied---"work as a whole,"  that leans more toward unfair use even though the user is a nonprofit or uses the material for educational purposes.  Of course it also depends upon the copyright holder's grant of permission which makes it critical to check the grant of rights that each site lists to make sure your use does not infringe.

    The reality is that there is no "one size fits all" in this area.  The safest thing to do is as suggested and provide the link to the information or provide the address where interested parties can retrieve it from the source.

Peace

---

Terry Peeler, Esquire
Art & Entertainment Law
215-575-1180-p
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